What we can and cannot investigate

 
 

Overview 

One of the ways in which we carry out our role is to investigate representations made to us concerning:

    • whether a public authority is failing (or has failed) to comply with environmental law
    • the effectiveness of environmental law or of how it is (or has been) implemented or applied

Public authority is a person or institution carrying out any function of a public nature including but not limited to:

    • the Scottish Government
    • government agencies
    • local authorities
    • health and transport authorities
    • regulatory and statutory bodies

Environmental law means any law which includes provisions mainly about the environment and environmental protection including but not limited to:

    • air quality
    • contaminated land
    • climate change
    • biodiversity
    • water
    • resource use and waste

If your representation does not relate to environmental law, we will not be able to investigate it because it falls outside the scope of our role. However, we may be able to advise you on what you could do next (for example, whether you could contact a different body with your concerns).

What we cannot investigate

Our governing legislation sets out a small number of areas which we cannot look at, which are called ‘excluded matters’. These areas are:

    • disclosure of, or access to, information
    • national defence or civil emergency
    • finance or budgets

If you are unsure of whether your concern is an excluded matter, please do not hesitate to contact us.

 

Our governing legislation is also clear that we cannot take enforcement action in relation to a failure to comply with environmental law arising out of any decision taken by a public authority in the exercise of its regulatory functions in relation to a particular person or case. For example, a decision on an application for a licence or a decision on regulatory enforcement in a specific case. It is not our role to overturn individual regulatory decisions made by public authorities.

Whilst our investigations may take into account the way individual cases have been handled, this will often be to evaluate any wider or systemic issues arising from these cases.

Further information

 

For examples of the investigations we have carried out so far, all reports and updates related to our investigations can be found in our investigation reports.

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